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SKINMEDICA, INC. v. HISTOGEN INC.

No. 2012-1560.

727 F.3d 1187 (2013)

SKINMEDICA, INC., Plaintiff-Appellant, v. HISTOGEN INC., Histogen Aesthetics LLC, and Gail K. Naughton, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 23, 2013.

Attorney(s) appearing for the Case

Richard P. Bress , Latham & Watkins, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Gabriel K. Bell , of Washington, DC, and Stephen P. Swinton , Alexander E. Long , and Lisa Limor Rabie , of San Diego, CA.

Gregory A. Castanias , Jones Day, of Washington, DC, argued for defendants-appellees. With him on the brief were Andrew A. Pinson , of Washington, DC, and Randall E. Kay , of San Diego, CA.

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Chief Judge RADER.

PROST, Circuit Judge.

SkinMedica, Inc. ("SkinMedica") appeals from the decision of the United States District Court for the Southern District of California granting Histogen, Inc., Histogen Aesthetics, and Gail Naughton (collectively "Histogen") summary judgment of noninfringement of the asserted claims of U.S. Patent Nos. 6,372,494 ('494 patent) and 7,118,746 ('746 patent) after construing a phrase common to both patents. Because we find no legal error in the district...

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